Legal Question in Wills and Trusts in New York

No will, no probate; is Deed valid?

In 1979, my Grandfather, who lived in New York, passed away , & left no will that I know of. My Grandmother had already passed in 1965. His children (my mother, aunts, etc.) assumed that his house automatically went to them. There were no probate proceedings, and nothing was filed at the courthouse. In 1993, they sold the house to me for $40,000 (it was worth about $160,000 at the time). My Deed says the sale was between ''the Heirs of'' my Grandfather, and me. They have never had a Deed with their names on it saying the property belongs to them. I now want to sell the house. Is the house legally mine since there was no Probate proceeding that formally gave the house to them? My neighbor says that I must get Affidavits from one of the Heirs on the Deed, and, a friend of my Grandfather, to prove that the Heirs on the Deed are in fact the true Heirs; then the house will legally be mine. Is that true? Also, does it help in the fact that I've been living in the house and paying the bills for more than ten years (adverse possession)? Will I be able to sell this house in any way? Thank you.


Asked on 12/02/06, 11:29 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: No will, no probate; is Deed valid?

THIS IS A COMPLICATED QUESTION, SINCE THERE WAS NO PROBATE AND YOU HAVE PROVIDED SKIMPY FACTS. BEST IS TO CONTACT A LOCAL TITLE COMPANY TO SEE WHAT THEY WOULD REQUIRE TO PROPERLY INSURE THIS PROPERTY AS IF YOU WERE A POTENTIAL BUYER. THERE MAY BE QUESTIONS ABOUT MISSING HEIRS (IF A FAMILY TREE WERE CONSTRUCTED) AND WHETHER OR NOT SPOUSES OF THE HEIRS WERE REQUIRED TO SIGN OFF ON THE DEED ALSO. YOU DO NOT SAY IF THERE WERE ANY POSSIBLE DEATH TAXES THAT WERE NOT PAID. THESE ARE JUST SOME OF THE QUESTIONS AND ASNWERS THAT A TITLE COMPANY MIGHT NEED. AT WORST, YOU MIGHT HAVE TO START LITIGATION TO CLEAR TITLE. THIS IS A RESPONSE TO AN INTERNET QUESTION AND THE REPLY IS NOT INTENDED TO BE LEGAL ADVICE OR TO CREATE AN ATTORNEY-CLIENT RELATIONSHIP. OMITTED FACTS MIGHT PRODUCE A DIFFERENT REPLY.

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Answered on 12/03/06, 1:46 pm


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